Others Flashcards
Breach of land sale, can you sue for damages and specific performance?
Under the doctrine of election of remedies, the retail chain may sue for specific performance or damages–not both
Man yelled, I would never work with you sleezeball. Defemation suit, best answer
It was reasonably forseeable that someone would overhear the statement.
A assigns lease to B without novation and then B to C.
Cant sue B becausue no privity of estate.
NIIED for hitting man with a bat knowing his wife was watching.
When a defendant’s actions are aimed at a third person, a bystander can recover for intentional infliction of emotional distress under very limited circumstances. Generally, the bystander must witness an intentional tort leading to a physical injury of a close family member or close associate. In addition, the defendant must know that the bystander is present. The doctor hit the businessman with the baseball bat, knowing that the businessman’s wife was watching; so he is liable to the wife.
Testifying to Victim’s intent. D charged with murder in Chicago. Victim’s wife wants to testify that victim was going to Chicago in order to get money back from D. allowed?
Rule 803(3) of the Federal Rules of Evidence provides a hearsay exception, without regard to the unavailability of the declarant, for a statement of the declarant’s then-existing state of mind, emotion, or sensation (i.e., intent, plan, motive, design, mental feeling, etc.). Such statements are admissible substantively to prove the declarant’s state of mind when that state of mind is at issue. The victim’s statement will thus be admissible to show his state of mind the day before he was killed.
Legitimacy?
Legitimacy is a quasi-suspect classification [Mathews v. Lucas, 427 U.S. 495 (1976)]. As such, the intermediate or middle-tier standard of review is used, under which the burden of persuasion is generally placed on the government to prove that the measure being challenged is substantially related to an important interest. The term “substantially related” means that an exceedingly persuasive justification must be shown. In Lalli v. Lalli [439 U.S. 259 (1978)], the United States Supreme Court upheld a New York intestacy statute that required the paternity of the father be proved during his lifetime as serving an important state interest in promoting a just or orderly disposition of property at death.
Searching D’s pckets after arrest, pulling out envelopes openeing them and finding drugs.
Search persuant to a lawful arrest.
offer of judgment rule?
Federal Rule of Civil Procedure 68 is the offer of judgment rule. It allows for a defendant to make an offer of judgment to a plaintiff and to recover costs if the plaintiff rejects the offer and later obtains a final judgment that is less than the offer. “Costs,” however, are distinct from fees. The rule does not provide for the recovery of post-rejection fees.
not attorney fees
Lease for car before 18?
While minors may enter into contracts, their contracts are voidable upon disaffirmance by the minor, barring certain exceptions, such as contracts for necessities (e.g., food, clothing, and medical services)
Physican patient priv does it apply in suits against the physician?
no
Hiker goes and trespasses and stays on land of A. A kicks him out and locks the door knowing there was a blizzard that was life threatening. liability for A?
A defendant is permitted to injure a plaintiff’s property if it is reasonably necessary to avoid a substantially greater harm to the public, to himself, or to his property. The hiker was privileged to trespass on the cabin owner’s property because of the private necessity of saving himself from death or serious injury in the snowstorm. Because of this privilege, the cabin owner did not have the right to eject the hiker into the storm and committed battery when he did.
affirmative defense made after pleadings but before discovery is ended?
doesnt matter. An affirmative defense must be pleaded in the initial responsive pleading or it is waived.
K to build set for 5 K, Guy would have to spend 4K and recieve 1 K in profit. Offeror breaches and tells him not to start working. what can he recieve?
If he bought before rejection, thats what matters. However, if nothing bought, can recieve 1 K, expectation damages.
